- Environmental Planning and Assessment Regulation 2000
- Status information
- Part 1 Preliminary
- Part 1A Transitional Part 3A projects
- 8A Definitions
- 8B Matters for environmental assessment and Ministerial consideration
- 8C Time limits for dealing with applications and other matters
- 8D Rejection of applications if proponent fails to comply with requirements
- 8E Provisions relating to appeals
- 8F Owner’s consent or notification
- 8G Public information about documents relating to projects
- 8H Fees
- 8I Enforcement: critical infrastructure
- 8J Transitional provisions
- 8K Transitional provision—existing mining leases
- 8L Transitional provision—objections under Mining Act in relation to Part 3A projects
- 8M Transitional provisions—development consents under Part 4 of the Act and approvals under Part 5 of the Act
- 8N Projects or concept plans for which approval may not be given concerning environmentally sensitive land or sensitive coastal locations
- 8O Other projects prohibited by environmental planning instruments for which project approval may not be given
- 8OA Transitional provision—projects or concept plans otherwise prohibited for which approval may be given
- 8P Surrender of approvals given under Part 3A of the Act or existing use rights
- Part 2 Environmental planning instruments
- 9 Joint regional planning panel—eligible relevant planning authority
- 10 Public authorities must concur in proposed reservation of land by LEP
- 10A Notification when council does not support request to prepare planning proposal
- 11 Fee payable for costs and expenses of studies etc by relevant planning authority
- 12 Continuation of former provisions for making LEPs
- 12A Operation of 2010 amending Regulation
- 13 Saving of previous threatened species consultation under section 34A
- 14 Saving of actions taken for preparation of SEPP
- 15 REPs deemed to be SEPPs—interpretation
- 15A Transitional provision relating to affordable housing
- Part 3 Development control plans
- Part 4 Development contributions
- Division 1 Preliminary
- Division 1A Planning agreements
- 25B Form and subject-matter of planning agreements
- 25C Making, amendment and revocation of agreements
- 25D Public notice of planning agreements
- 25E Explanatory note
- 25F Councils to facilitate public inspection of relevant planning agreements
- 25G Director-General to facilitate public inspection of relevant planning agreements
- 25H Other planning authorities to facilitate public inspection of relevant planning agreements
- Division 1B Development consent contributions
- Division 1C Preparation of contributions plans
- Division 2 Public participation
- Division 3 Approval of contributions plans
- Division 4 Amendment and repeal of contributions plans
- Division 5 Accounting
- Division 6 Public access
- Part 5 Existing uses
- 39 Definitions
- 40 Object of Part
- 41 Certain development allowed
- 42 Development consent required for enlargement, expansion and intensification of existing uses
- 43 Development consent required for alteration or extension of buildings and works
- 44 Development consent required for rebuilding of buildings and works
- 45 Development consent required for changes of existing uses
- 46 Uses may be changed at the same time as they are altered, extended, enlarged or rebuilt
- 46A (Repealed)
- Part 6 Procedures relating to development applications
- Division 1 Development applications generally
- 47 Application of Part
- 48 Consent authority to provide development application forms to intending applicants
- 49 Persons who can make development applications
- 50 How must a development application be made?
- 51 Rejection of development applications
- 52 Withdrawal of development applications
- 53 Consent authority may require additional copies of development application and supporting documents
- 54 Consent authority may request additional information
- 55 What is the procedure for amending a development application?
- 55A Amendments with respect to BASIX commitments
- 56 Extracts of development applications to be publicly available
- 57 (Repealed)
- Division 2 Development applications for development requiring concurrence
- Division 3 Development applications for integrated development
- 65 Application of Division
- 66 Seeking general terms of approval
- 67 Approval body may require additional information
- 68 Consent authority to be notified of proposed consultations under National Parks and Wildlife Act 1974
- 69 Forwarding of submissions to approval bodies
- 70 Notification of general terms of approval
- Division 3A Special provisions relating to staged development applications
- Division 4
- Division 5 Public participation—designated development
- 77 Notice of application for designated development to public authorities (other than concurrence authorities and approval bodies)
- 78 What information must a written notice of designated development contain?
- 79 How is the notice under section 79 (1) (c) of the Act exhibited on land for designated development?
- 80 How is the notice under section 79 (1) (d) published for designated development?
- 81 Forwarding of submissions to Director-General
- Division 6 Public participation—State significant development
- Division 7 Public participation—other advertised development
- 86 Application of Division
- 87 How must a development application be publicly notified?
- 88 Who must written notice be given to?
- 89 What information must be contained in a written notice and a published notice?
- 90 Circumstances in which notice requirements may be dispensed with
- 91 Public notification of development application and accompanying information
- Division 8 Determination of development applications
- 92 What additional matters must a consent authority take into consideration in determining a development application?
- 92A (Repealed)
- 93 Fire safety and other considerations
- 94 Consent authority may require buildings to be upgraded
- 94A Fire safety and other considerations applying to erection of temporary structures
- 95 Deferred commencement consent
- 96 Imposition of conditions—ancillary aspects of development
- 97 Modification or surrender of development consent or existing use right
- 97A Fulfilment of BASIX commitments
- Division 8A Prescribed conditions of development consent
- 98 Compliance with Building Code of Australia and insurance requirements under the Home Building Act 1989
- 98A Erection of signs
- 98B Notification of Home Building Act 1989 requirements
- 98C Conditions relating to entertainment venues
- 98D Condition relating to maximum capacity signage
- 98E Condition relating to shoring and adequacy of adjoining property
- Division 9
- Division 10 Post-determination notifications
- 100 Notice of determination
- 101 Additional particulars with respect to section 94 and 94A conditions
- 102 How soon must a notice of determination be sent?
- 103 Notice under section 81A of the Act of appointment of principal certifying authority
- 103A Notice under section 81A of the Act of critical stage inspections
- 104 Notice under section 81A of the Act of intention to commence subdivision work or erection of building
- 105 Notice under section 91A (6) or section 92 (7) of the Act to approval bodies of determination of development application for integrated development
- Division 11 Time within which development application procedures to be completed
- 106 Definitions
- 107 First 2 days after development application is lodged
- 108 Days prior to referral of application to other bodies to be disregarded
- 109 Days occurring while consent authority’s request for additional information remains unanswered
- 110 Days occurring while concurrence authority’s or approval body’s request for additional information remains unanswered
- 111 Days occurring during consultation under National Parks and Wildlife Act 1974
- 112 Consent authority to notify applicant that time has ceased to run
- 113 Applications taken to be refused
- 113A Public participation: application under section 82A of the Act for review of council’s determination
- 113B Period after which Crown development applications may be referred to Minister or regional panel
- Division 12 Development consents—extension, completion and modification
- 114 What is the form for an application for extension of a development consent?
- 114A (Repealed)
- 115 Application for modification of development consent
- 116 Modification of consent granted by Court
- 117 Modification of consent involving minimal environmental impact
- 118 Applications under sections 96 (2) and 96AA for modification of certain development consents
- 119 Public participation—applications under sections 96 (2) and 96AA for modification of other development consents
- 120 Notification of concurrence authorities and approval bodies
- 121 Applications for modifications of development consents to be kept available for public inspection
- 122 Notice of determination of application to modify development consent
- 122A Effect of failure to determine modification applications
- 123 Persons to be informed of proposed revocation or modification of consent under section 96A (3) of the Act
- 123A Effect of amendments made by Land and Environment Court Amendment Act 2002
- Division 12A Additional provisions where regional panel is exercising consent authority functions
- 123B Application of Division
- 123C Development applications where land is in 2 or more local government areas
- 123D Provisions of Act not to apply as if regional panels were councils
- 123E Procedural matters related to determination of development applications
- 123F Procedural matters relating to determination of applications to modify consents
- Division 12B Applications for review under Division 2 of Part 4 of the Act
- Division 13 Validity of development consents
- Division 14 Review conditions
- Division 15 Calling in development as State significant development
- Part 7 Procedures relating to complying development certificates
- Division 1 Applications for complying development certificates
- 125 Application of Part
- 126 How must an application for a complying development certificate be made?
- 127 Council or accredited certifier may require additional information
- 128 Council or accredited certifier to supply application form for complying development certificates
- 129 (Repealed)
- 129A Amendments with respect to BASIX commitments
- 129B Restriction on issue of complying development certificate
- 129C Record of site inspections
- Division 2 Determination of applications and commencement of complying development
- 130AA Time limit for determining application for complying development certificate
- 130 Procedure for determining application for complying development certificate and notification requirements
- 130A Copy of particular documents to be given to NSW Rural Fire Service and council
- 131 Development standards for change of building use
- 132 Development standards for building work involving the alteration, enlargement or extension of an existing building
- 133 Development standards for erection of temporary structure
- 134 Form of complying development certificate
- 135 Notice under section 86 of the Act of appointment of principal certifying authority
- 135A Notice under section 86 of the Act of critical stage inspections
- 136 Notice under section 86 of the Act of intention to commence subdivision work or erection of building
- Division 2A Conditions of complying development certificate
- 136A Compliance with Building Code of Australia and insurance requirements under the Home Building Act 1989
- 136B Erection of signs
- 136C Notification of Home Building Act 1989 requirements
- 136D Fulfilment of BASIX commitments
- 136E Development involving bonded asbestos material and friable asbestos material
- 136F, 136G (Repealed)
- 136H Condition relating to shoring and adequacy of adjoining property
- Division 3 Validity of complying development certificates
- Part 8 Certification of development
- Division 1 Compliance certificates
- Division 2 Construction certificates
- 139 Applications for construction certificates
- 139A Withdrawal of application for construction certificate
- 140 Certifying authority may require additional information
- 141 Certifying authority to supply application form for construction certificates
- 142 Procedure for determining application for construction certificate
- 143 Fire protection and structural capacity
- 143A Special requirements for construction certificates for residential flat development
- 143B Restriction on issue of certain construction certificates without inspection
- 143C Record of site inspections
- 144 Referral of certain plans and specifications to New South Wales Fire Brigades
- 144A Compliance certificate required for certain fire safety aspects of building work
- 145 Compliance with development consent and Building Code of Australia
- 146 Compliance with conditions of development consent
- 146A Restriction on issue of construction certificates without compliance with planning agreement
- 147 Form of construction certificate
- 148 Modification of construction certificate
- Division 3 Occupation certificates
- 149 Applications for occupation certificates
- 149A Certifying authority may require additional information
- 150 Certifying authorities to supply application form for occupation certificates
- 151 Procedure for determining application for occupation certificate
- 152 Reports of Fire Commissioner: section 109H
- 153 Fire safety certificates: section 109H
- 153A Compliance certificate required for certain fire safety aspects of building work
- 154 Health, safety, compliance with development consent and other issues: section 109H
- 154A Special requirements for occupation certificates for residential flat development
- 154B Fulfilment of BASIX commitments
- 154C BASIX completion receipt
- 155 Form of occupation certificate
- 156 Occupation and use of new buildings: section 109M (2)
- Division 4 Subdivision certificates
- 157 Applications for subdivision certificates
- 158 Certifying authority may require additional information
- 159 Certifying authorities to supply application form for subdivision certificates
- 160 Procedure for determining application for subdivision certificate
- 160A Prescribed persons: subdivision certificates
- Division 5 General
- 161 Certifying authorities may be satisfied as to certain matters: section 109O
- 162 Notice of replacement of principal certifying authority
- 162A Critical stage inspections required by section 109E (3) (d)
- 162B Record of inspections conducted under section 109E (3)
- 162C Progress inspection unavoidably missed
- 163 Notice to allow inspections
- 164 No need for duplicate notices
- 164A BASIX certificates
- Part 9 Fire safety and matters concerning the Building Code of Australia
- Division 1 Preliminary
- Division 2 Fire safety schedules
- Division 3 Fire safety orders
- Division 4 Fire safety certificates
- Division 5 Fire safety statements
- 175 What is an annual fire safety statement?
- 176 Issue of annual fire safety statements
- 177 Annual fire safety statement to be given to council and Fire Commissioner and prominently displayed in building
- 178 What is a supplementary fire safety statement?
- 179 Issue of supplementary fire safety statements
- 180 Supplementary fire safety statement to be given to council and Fire Commissioner and prominently displayed in building
- 181 Form of fire safety statements
- Division 6 Fire safety maintenance
- Division 7 Miscellaneous fire safety offences
- Division 7A Smoke Alarms
- 186A Owners of existing buildings and dwellings must ensure smoke alarms are installed
- 186AA Owners of moveable dwellings must ensure smoke alarms are installed
- 186B Specifications for smoke alarms
- 186C Persons must not remove or interfere with smoke alarms
- 186D No development consent or consent of owners corporation required to install smoke alarms
- 186E Smoke alarms and heat alarms in certain existing buildings taken to be essential fire services
- 186F Transitional provisions relating to obligations under this Division
- 186G Transitional provisions relating to obligations under clause 186AA
- Division 7B Fire sprinklers in certain residential aged care facilities
- 186H Definitions
- 186I Application
- 186J Requirement to install fire sprinkler systems
- 186K Nominated completion date
- 186L Postponement of required completion date for installation
- 186M Fire sprinkler systems to be installed in accordance with the Fire Sprinkler Standard
- 186N Final occupation certificate to be provided to Implementation Committee
- 186O Installation of fire sprinkler systems in facilities with 1 March 2016 as nominated completion date
- 186P Notices relating to residential aged care facilities without fire sprinkler systems
- 186Q Implementation Committee
- 186R Applications for complying development certificates and construction certificates for installation of fire sprinkler systems
- Division 8 Miscellaneous
- 187 Modification and supplementation of Building Code of Australia standards
- 188 Exemption from fire safety standards
- 189 Prescribed matters for inspection by Fire and Rescue NSW: section 118L (1) (b) of the Act
- 190 Offences relating to certain Crown property
- 190A Complying development certificates and construction certificates for installation of fire sprinkler systems in residential care facilities for seniors
- Part 10 State significant infrastructure
- 191 Interpretation
- 192 Applications for approval
- 193 Owner’s consent or notification
- 194 Minimum exhibition period
- 195 Director-General’s environmental assessment report
- 196 Publicly available documents
- 197 Surrender of approvals or existing use rights
- 198 Erection and occupation of buildings and subdivision of land
- 199–205 (Repealed)
- Part 11
- Part 12 Accreditation of building products and systems
- Part 13 Development by the Crown
- Part 13A Supplementary provisions for development requiring consent
- Part 14 Environmental assessment under Part 5 of the Act
- Division 1A Preliminary
- Division 1 Circumstances requiring an environmental impact statement
- Division 2
- Division 3 Public participation
- Division 4
- Division 5 Public participation—modification of Minister’s approval where no environmental impact statement required
- 237A Application
- 238 Particulars of proposed modification to be publicly exhibited
- 239 Notice to be given of the public exhibition of the proposed modification
- 240 Where may the proposed modification be inspected?
- 241 Period of exhibition of proposed modification
- 242 Representations on proposed modification
- Division 6 General
- Division 7 Fisheries management
- Division 8 Special provisions relating to Australian Rail Track Corporation Ltd
- Part 15 Fees and charges
- Division 1A Fees for transitional Part 3A projects
- 245A Definitions
- 245B Determination of fees payable for Part 3A application
- 245C Payment of fees for Part 3A applications
- 245D Maximum fee for application involving erection of building, carrying out of work or demolition (other than for marinas or extractive industries)
- 245E Maximum fee—marinas
- 245F Maximum fee—extractive industries
- 245G Maximum fee—subdivision of land
- 245H Additional fee for critical infrastructure projects
- 245I Additional application fee for making environmental assessment publicly available
- 245J Additional application fee for planning reform
- 245K Fee for request for modification of Minister’s approval
- 245L Fee for review by Planning Assessment Commission
- 245M Fee for investigation of potential State significant site
- 245N Meaning of “estimated cost” for determining fee under this Division
- Division 1 Fees for development applications (other than for State significant development)
- 245 (Renumbered as clause 245AA)
- 245AA (Renumbered as clause 246A)
- 246 Definition
- 246A What is the maximum fee?
- 246B Fee for development application
- 247 Fee for dwelling-house—construction cost under $100,000
- 248 Additional fee—residential flat development
- 249 Maximum fee—subdivision of land
- 250 Development not involving the erection of a building, the carrying out of a work, the subdivision of land or the demolition of a building or work
- 251 Additional fee—designated development
- 252 Additional fees—development requiring advertising
- 252A Additional fees—development requiring concurrence
- 253 Additional fees—integrated development
- 254 What if two or more fees are applicable to a single development application?
- 255 How is a fee based on estimated cost determined?
- 256 Determination of fees after development applications have been made
- 256A Proportion of development application fees to be remitted to Director-General
- 256B Staged development applications
- Division 1AA Fees for State significant development and State significant infrastructure
- 256C Definition
- 256D Determination of fees payable for application
- 256E Determination of fees after application is made
- 256F Maximum fee—buildings, works or demolition (other than marinas or extractive industries)
- 256G Maximum fee—marinas
- 256H Maximum fee—extractive industries
- 256I Maximum fee—subdivision of land
- 256J Additional fee for critical State significant infrastructure
- 256K Additional fee for making environmental impact statement publicly available
- 256L Additional fee for planning reform
- 256M Fees for modifications
- 256N Fee for public hearing by Planning Assessment Commission
- 256O Fee for planning proposal with application
- 256P Meaning of “estimated cost” for determining fee under this Division
- Division 2 Other fees and charges
- 257 Fee for request for review of determination
- 257A Fee for review of decision to reject a development application
- 258 Fee for application for modification of consent for local development
- 258A Fee for review of modification application
- 259 Fee for planning certificate
- 260 Fee for building certificate
- 261 Fee for copy of building certificate
- 262 Fee for certified copy of document, map or plan held by Department or council
- 262A Fee for site compatibility certificate
- 262B Fee for BASIX certificate
- 263 Other fees
- Part 16 Registers and other records
- 264 Council to maintain a register of development applications and consents
- 265 Council to maintain a register of complying development applications
- 266 Council to keep certain documents relating to development applications and consents
- 267 Council to keep certain documents relating to complying development certificates
- 267A Records relating to complaints
- 268 Council to keep certain records available for public inspection
- Part 16A Provisions arising from commencement of Local Government and Environmental Planning and Assessment Amendment (Transfer of Functions) Act 2001
- Part 16B Planning bodies
- Division 1 General
- Division 2
- Division 3 Committees
- Division 4 Planning Assessment Commission
- 268O Definitions
- 268P Constitution of Commission for particular matters
- 268Q Public hearings—attendance of witnesses and production of documents
- 268R Public hearings of Commission
- 268S Notice of reviews and recommendations relating to development applications
- 268T Special provisions relating to water approvals
- 268U Commission may restrict publication of evidence
- 268V Reports by Commission
- 268W Information to be provided by Commission
- Division 5 Independent hearing and assessment panels
- Part 17 Miscellaneous
- 269 Notice of proposal to constitute development area
- 270 Contributions plans for Western Sydney Employment Area
- 271–271B (Repealed)
- 272 Planning for Bush Fire Protection
- 273, 273A (Repealed)
- 274 Release areas under SREP 30
- 274A, 274B (Repealed)
- 275 Development assessment during precinct planning in North West and South West growth centres of Sydney Region
- 276 Growth Centres SEPP—release of precinct for urban development and planning process for the precinct
- 277 Public authorities
- 278 Assessment of loan commitments of councils in development areas
- 279 What matters must be specified in a planning certificate?
- 280 Application for building certificate
- 281 Form of building certificate
- 281A Notice of orders under Division 2A of Part 6 of the Act
- 281B Form of compliance cost notices
- 281C Compliance cost notices—maximum amounts that may be required to be paid
- 282 Director-General may certify certain documents
- 283 False or misleading statements
- 284 Penalty notice offences
- 285 (Repealed)
- 286 Repeal, savings and transitional
- 286A Savings and transitional provisions: staged introduction of scheme
- 286AA Savings and transitional provision: introduction of BASIX completion receipt
- 286B Savings and transitional provision: changes to development contributions scheme
- 286C Transitional—species impact statements and determination of significant effect
- 286D Savings and transitional provisions: existing uses
- 287 Special provisions relating to ski resort areas
- 288 Special provision relating to Sydney Opera House
- 288A Special provision relating to Sydney International FIFA Fan Fest
- 289 Miscellaneous savings and transitional provisions: 2005 Amending Act
- 289A Transitional provisions relating to development control plans
- 290 Savings and transitional provision: references to “comprehensive development applications”
- 291 Savings and transitional provisions relating to requirements to obtain compliance certificates for alternative fire safety solutions
- 291A Transitional provisions relating to Part 4A certificates and planning agreements
- 291B Savings and transitional provision—abolition of Wagga Wagga Interim Joint Planning Panel
- 292 Savings and transitional provisions
- Schedule 1 Forms
- Schedule 2 Environmental impact statements
- Schedule 3 Designated development
- Schedule 3A Entertainment venues
- Schedule 4 Planning certificates
- Schedule 5 Penalty notice offences
- Schedule 6 Special provisions relating to ski resort areas
- Schedule 7 Savings and transitional provisions
- Historical notes
Environmental Planning and Assessment Regulation 2000
Historical
version
for 1 March 2013
to 7 March 2013
(accessed 7 December 2019 at 00:24)
Current version
23 Procedure for repealing a development control plan by public notice
(cf clause 22 of EP&A Regulation 1994)
(1) Before repealing a development control plan by public notice in a local newspaper, the council must give public notice in a local newspaper:(a) of its intention to repeal the development control plan, and(b) of its reasons for doing so.(2) Publication of the notice of intention must take place at least 14 days before publication of the notice of repeal.(3) The repeal of a development control plan by public notice in a local newspaper takes effect on the date of publication of the notice.